Monthly Archives: December, 2017

‘Willinsky on intellectual property and learning’

“Out soon with the University of Chicago Press by John Willinsky, Stanford University is The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke. From the publisher: ‘Providing a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it […]

Alston and Mueller, ‘Towards a More Evolutionary Theory of Property Rights’

Abstract Property rights are often referred to as ‘evolving’, but the term is usually used to signify a gradual process of change rather than one based on Darwinian evolutionary theory. Because property rights go through processes of variation, selection and replication, a more rigorously evolutionary approach can improve our understanding of how property rights change […]

Hironao Kaneko, ‘Second-Best Justice: The Virtues of Japanese Private Law’

Second-Best Justice: The Virtues of Japanese Private Law, by J Mark Ramseyer. Chicago, IL: University of Chicago Press, 2015, 256pp, $50.00 (ISBN 9780226281995). Readers of this publication can expect to learn new ideas on Japanese Law, written by a prominent professor. Using reliable and detailed statistical analysis, Ramseyer astutely presents counter arguments to dispel popular […]

Gold and Smith, ‘Scaling Up Legal Relations’

Abstract Wesley Hohfeld’s scheme of jural relations possesses two fundamental strengths. First, the legal relations tend to correspond closely to potential legal results availing between individual persons – who can sue whom for what. Second, the system of ‘fundamental’ relations possesses a symmetry and generality that made it attractive to the Realists as a springboard […]

Adam Slavny, ‘The Normative Foundations of Defamatory Meaning’

Abstract This paper assesses normative arguments regarding four views about defamatory meaning. The moralised view holds that a statement about a person is defamatory if and only if we ought to think less of that person if the statement is true. The nonmoralised view holds that a statement is defamatory if and only if people […]

‘Water rights VI: A human right to water’

“Alongside interest in public rights that trump the regular water rights of property law, there is much interest in private, human rights that do so. Many systems of water law have long recognized some right to basic water uses superior to other water rights. Islamic law’s ‘right of thirst’, the right to take water to […]

Eoin O’Dell, ‘Comparative Defamation and Privacy Law – Irish Perspectives’

Abstract This piece is a review article of Andrew T Kenyon (ed) Comparative Defamation and Privacy Law (Cambridge University Press, 2016). In the Preamble to Bunreacht na hÉireann (the Irish Constitution), the People declare that they adopted the Constitution in 1937 so that ‘that the dignity and freedom of the individual may be assured’. The […]

Victoria Stace, ‘The Law of Contribution – An Equitable Doctrine or Part of the Law of Unjust Enrichment?’

Abstract This article looks at the changes made to the equitable doctrine of contribution by the New Zealand Supreme Court in a 2016 decision, Hotchin v New Zealand Guardian Trust Co Ltd. The approach now favoured by the Supreme Court is that to establisha claim for contribution by one defendant against another, there is no […]

‘Legal Theory Bookworm: City of Debtors by Fleming’

“The Legal Theory Bookworm recommends City of Debtors: A Century of Fringe Finance by Anne Fleming. Here is a description: ‘Since the rise of the small-sum lending industry in the 1890s, people on the lowest rungs of the economic ladder in the United States have been asked to pay the greatest price for credit. Again […]

‘The Structural Injustice of Private Debt’

“Debt-financing is increasingly common. It used to be the case that people would occasionally need loans during the course of their lives, perhaps to buy a car or a house. These were exceptional cases, outside the normal conditions of life. In most instances, people would rely on savings to cover their consumer costs, or go […]